Richard Westling

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Partner

Los Angeles +1.310.284.4582

Washington, DC +1.202.416.5876

Richard is a partner in the Litigation Department and a member of the Health Care and White Collar Defense & Investigations practices.

A seasoned litigator and accomplished trial lawyer, Rich represents executives and corporations in high-stakes government enforcement actions and complex litigation. He brings deep experience defending clients in healthcare fraud allegations, including in criminal investigations and False Claims Act matters, including qui tam litigation, arising from claims of Stark Law and Anti-Kickback violations, billing and coding irregularities, and questions of medical necessity. His practice also spans a wide variety of white collar matters, including tax violations, environmental crimes, bank fraud, public corruption, money laundering and asset forfeiture.

Rich’s most impactful successes often occur behind the scenes, where he skillfully persuades government agencies not to pursue charges. When litigation is unavoidable, clients benefit from his formidable courtroom experience, having tried more than 25 federal cases to verdict before juries across the country and argued over a dozen federal appeals.

With over three decades of experience, Rich’s advocacy is shaped by a multifaceted career that includes roles as a corporate general counsel, white collar defense attorney and federal prosecutor. He spent more than eight years at the U.S. Department of Justice, serving as First Assistant U.S. Attorney and Assistant U.S. Attorney in New Orleans, where he held leadership roles such as Health Care Fraud Coordinator and Asset Forfeiture Chief. Rich also served in Washington, D.C. as Special Assistant to the Assistant Attorney General for the Tax Division and as a Trial Attorney in the Division’s Criminal Section.

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Matters

Representative Matters*

Notable Trials

Trial counsel for the former chairman of a U.S. Presidential campaign in a two-week criminal trial in the U.S. District Court for the Eastern District of Virginia alleging tax and bank fraud offenses. The case was prosecuted by the U.S. Department of Justice Office of Special Counsel in connection with its investigation into the 2016 U.S. Presidential Election.
Trial counsel for a business owner in an eight-week criminal trial in the U.S. District Court for the Middle District of Tennessee alleging violations of the Anti-Kickback and health care fraud statutes relating to cancer genetic test marketing.
Trial counsel for the owner of a chain of gas stations and convenience stores in a two-week criminal trial in the U.S. District Court for the Eastern District of Louisiana alleging immigration, tax, and mail fraud violations relating to the employment of undocumented workers.
Trial counsel for a highly regarded interventional cardiologist in a two-week health care fraud trial in the U.S. District Court for the District of Maryland relating to the medical necessity of coronary artery stent procedures.
Trial counsel for a pain management clinic in a month-long criminal trial in the U.S. District Court for the Eastern District of Louisiana alleging violations of the Controlled Substances Act.
Trial counsel for a corporate executive in a three-week criminal fraud trial in the U.S. District Court for the Eastern District of North Carolina involving charges of government contract fraud and kickbacks, and related False Claims Act violations.
Trial counsel for a business owner in an eight-week criminal tax evasion trial in the U.S. District Court for the Middle District of Louisiana involving allegations of unreported income, improper classification of employees as independent contractors, and the illegal use of offshore bank accounts.

Health Care

Represented a non-profit health system in years-long False Claims Act litigation against the U.S. Department of Justice and a qui tam relator related to physician compensation arrangements that allegedly violated the Stark Law.
Served as an HHS OIG appointed monitor for a medical device manufacturer under a Corporate Integrity Agreement.
Represented a hospital administrator post-trial and on appeal in a health care fraud prosecution based on alleged violations of the Travel Act.
Represented a regional hospital in connection an investigation and litigation by the Antitrust Division of the U.S. Department Justice related to health insurance steering contracts and a large health system competitor.
Represented the Chief Executive Officer of a durable medical equipment company in a criminal matter involving allegations of improper remuneration in violation of the Anti-Kickback Statute.
Represented physicians facing administrative investigations and threatened exclusion by the Office of Inspector General relating to alleged Anti-Kickback Statute violations.
Conducted internal investigations and made voluntary disclosures for several hospitals in connection with improper physician arrangements and/or improper billing.
Represented a managed care organization in criminal and civil investigations into alleged denials of care.
Defended a multistate nursing home chain in parallel criminal and civil investigations into alleged quality of care issues.
Represented several hospital systems in connection with a nationwide investigation involving the propriety of inpatient admissions.
Represented a physician practice group in criminal and civil investigations into alleged violations of the Anti-Kickback Statute.
Advised health care providers in connection with HIPAA data breach issues and related notification and reporting obligations.
Served as counsel to a publicly traded home health care company in connection with an investigation by the Senate Finance Committee.
Represented the former president of a managed care company in post-conviction forfeiture proceedings.

Environmental

Defended a chief engineer in an investigation and prosecution brought in connection with an alleged bypass of a vessel’s oily water separator.
Defended employees of a large oil company in an investigation into natural gas flaring on a deep-water production platform in the Gulf of Mexico.
Defended the plant manager of a petroleum refinery in a Clean Air Act investigation involving benzene emissions.
Represented the president of an environmental testing corporation in a criminal investigation of alleged violations of the Clean Water Act.

White Collar Defense and Investigations

Represented a witness in the investigation and trial of a former member of the U.S. House of Representatives involving bribery and violations of the Foreign Corrupt Practices Act.
Served as lead counsel to a U.S. district judge in impeachment proceedings before the U.S. House of Representatives.
Represented an equities trader in an investigation by the SEC into allegations of improper timing of mutual fund trades.
Represented the former governor of Louisiana in civil forfeiture proceedings following the seizure of approximately $400,000 in cash from a safe deposit box.

*Aforementioned matters handled at prior firm

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